Torts · MBE-tested
Benjamin J. Gratien, as Administrator with the Will Annexed of Myron B. Gratien, Deceased, Respondent, v. Fort Plain National Bank, as Executor of the Will of John A. Waterman, Deceased, Appellant
277 A.D.2d 1017·New York Supreme Court, Appellate Division·1950·NY
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Opinion
Benjamin J. Gratien, as Administrator with the Will Annexed of Myron B. Gratien, Deceased, Respondent, v. Fort Plain National Bank, as Executor of the Will of John A. Waterman, Deceased, Appellant.
[MAJORITY]
Judgment and order reversed on the facts and a new trial granted, with costs to the appellant to abide the event, on the ground that the verdict is against the weight of evidence. All concur. (Appeal from a judgment for plaintiff in an automobile negligence action. The order denies defendant’s motion for a new trial.) Present — Taylor, P. J., MeCum, Vaughan, Kimball and Piper, JJ.